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ORDINANCE NO. 787 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA: THAT Title 6, as found in the Shelby Municipal Code, is to read as follows: Title 6 ANIMALS Chapters: 6.01 Animal Control Officer 6.04 Animals Running at Large--Impoundment 6.08 Dogs--Licensing 6.12 Rabies Control 6.16 Nuisance and Vicious Animals 6.20 Penalties and Fees 6.24 Cruelty to Animals Chapter 6.01 ANIMAL CONTROL OFFICER Sections: 6.01.010 Animal Control Officer--Supervision. 6.01.020 Animal Control Officer--Duties. 6.01.030 Term clarification. 6.01.010 Animal Control Officer--Supervision. The animal control officer’s position shall be governed by the terms of the personnel policy of the City of Shelby. (Ord. 705, 1996) 6.01.020 Animal Control Officer--Duties. The animal control officer’s duties shall be those stated in the personnel policy of the City of Shelby. (Ord. 705, 1996). 6.01.030 Term clarification. All references contained in this chapter: A. To “law enforcement officer” or “animal control officer” shall mean the personnel of the city-county consolidated department of public safety. In the event that the department of public safety is dissolved, “law enforcement officer” or “animal control officer” shall mean the personnel of the city police department. (Ord. 705, 1996: Ord. 623, 1987: Ord. 572 (part), 1980). Chapter 6.04 ANIMALS RUNNING AT LARGE--IMPOUNDMENT[1] Sections: 6.04.010 Fowl at large--Prohibited. 6.04.020 Fowl at large--Owner penalty. 6.04.030 Dogs running at large--Prohibited. 6.04.034 Livestock at large--Prohibited. 6.04.035 Livestock at large--Owner penalty. 6.04.036 Nuisance animals. 6.04.040 Impounding. 6.04.050 Notice to owner of impoundment--Redemption. 6.04.060 Disposition of unclaimed or infected dogs. 6.04.070 Confinement of certain dogs. 6.04.080 Cats to be vaccinated. 6.04.090 Cats shall not be at large. 6.04.100 Persons shall not interfere with traps. 6.04.010 Fowl at large--Prohibited. It is unlawful for any person owning or possessing chickens, ducks, geese or other poultry to allow the same to run at large on the streets and alleys of the city or upon the property of any other person without the consent of the owner of such property. (Ord. 705, 1996: Ord. 93, Sec. 1, 1924). 6.04.020 Fowl at large--Owner penalty. Any person owning or possessing chickens, ducks, geese or other poultry, who allows the same to run at large upon the streets or alleys of the city or upon the property of any other person without the consent of the owner of such property is guilty of a misdemeanor and punishable by a fine of not less than ten dollars nor more than one hundred dollars. (Ord. 705, 1996: Ord. 93, Sec. 2, 1924). 6.04.030 Dogs running at large--Prohibited. No owner or keeper of any dog shall permit such dog to run at large at any time within the corporate limits of the city, whether such dog is registered or unregistered. (Ord. 705, 1996: Ord. 276, Sec. 5, 1973). 6.04.034 Livestock at large--Prohibited. It is unlawful for any person owning or possessing cattle, horses, sheep, pigs or other commonly domesticated hoofed animals to allow the same to run at large on the streets and alleys of the city or upon the property of any other persons without the consent of the owner of such property. (Ord. 705, 1996: Ord. 530, Sec. 1, 1976). 6.04.035 Livestock at large--Owner penalty. Any person owning or possessing cattle, horses, sheep, pigs, or other commonly domesticated hoofed animals, who allows the same to run at large upon the streets or alleys of the city or upon the property of any other person without the consent of the owner of such property is guilty of a misdemeanor an punishable by a fine of not less than ten dollars nor more than one hundred dollars. (Ord. 705, 1996: Ord. 530, Sec. 1, 1976). 6.04.036 Nuisance animals. All cattle, horses, sheep, pigs, or other commonly domesticated hoofed animals in violation of Sections 6.04.034 and 6.04.035 shall be deemed a public nuisance. Upon a third conviction under said sections, the nuisance animal shall be seized and taken up by the animal control officer and may be sold by the animal control officer at public auction. (Ord. 705, 1996; Ord. 623, 1987: Ord. 530, Sec. 1, 1976). 6.04.040 Impounding. It shall be the duty of the animal control officer to apprehend any dog found running at large contrary to the provisions of this chapter and to impound such dog in the city pound or other suitable place. The animal control officer shall, upon receiving any dog, make a complete registry, entering the breed, color and sex of such dog and the number of the registration tag if known. (Ord. 705, 1996: Ord. 623, 1987: Ord. 276, Sec. 6, 1973). 6.04.050 Notice to owner of impoundment--Redemption. After impoundment of any dog, the owner thereof, if the same can be ascertained, shall be notified as expeditiously as possible verbally or in writing of such impoundment. The owner of any dog so impounded may reclaim such dog upon proof of compliance with rabies vaccination provisions as provided, and upon payment of all costs and charges incurred by the city for impounding and maintenance of such dog and upon purchasing a license for the impounded dog if that dog had not been licensed prior to capture. (Ord. 705, 1996: Ord. 543 (part), 1978: Ord. 276, Sec. 7, 1973). 6.04.060 Disposition of unclaimed or infected dogs. It shall be the duty of the animal control officer to keep all dogs so impounded for a period of seven calendar days. If, at the expiration of seven calendar days from the date of notice to the owner of a registered dog, or at the expiration of seven calendar days from the date of impounding of any unregistered dog, such dog has not been redeemed, it may be destroyed or sold. Any unregistered dog required by law to be registered, or any dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease shall not be released, but may be forthwith destroyed. (Ord. 705, 1996: Ord. 623, 1987: Ord. 543 (part), 1978: Ord. 276, Sec. 8, 1973). 6.04.070 Confinement of certain dogs. No dogs of fierce, dangerous or vicious propensities and no female in heat shall be released from confinement, except upon approval of the animal control officer after payment of the fees provided for in this chapter; provided, however, that if any dangerous, fierce or vicious dog is found running at large and cannot be safely taken up and impounded, such dog may be slain by any law enforcement officer. (Ord. 705, 1996: Ord. 623, 1987: Ord. 276, Sec. 9, 1973).
6.04.080 Cats to be vaccinated. Persons owning or caring for domestic cats within the city limits shall vaccinate their cats against all common feline diseases including rabies. Owners shall provide proof of vaccination either by tags on their cat or by keeping a record of vaccination. If an owner fails to provide proof of vaccination, the animal control officer shall impound the cat until the owner provides proof of vaccination, up to a maximum of 7 consecutive days. If after 7 consecutive days, the owner has not provided proof of vaccination, the animal control officer may humanly euthanize the cat. A cat owner providing proof of vaccination may claim the cat after paying the appropriate kennel fees as published in the City of Shelby’s schedule of fees. (Ord. 752, 2001).
6.04.090 Cats shall not be at large. Domestic cats, feral or otherwise, shall not run at large within city limits. Upon a single or multiple complaints from a city resident or residents, the animal control officer shall set traps or catch cats at large. The city shall make reasonable effort to give notice of impending trapping through media notice or residential posting. After trapping or catching cats, the animal control officer shall confine the cats for a period of seven consecutive days. During that seven consecutive day period, any person wishing to claim a cat may do so by paying the kennel fee and providing proof of compliance with other ordinances pertinent to animals. The kennel fee is published in the city’s schedule of fees. If, after seven consecutive days, no person comes to claim a cat, then the animal control officer may humanely euthanize the cat. Traps, methods to catch cats, confinement, and euthanization shall be humane and in accordance with state laws. (Ord. 752, 2001).
6.04.100 Persons shall not interfere with traps. No person shall interfere with the animal control officer’s placement or use of traps set. Furthermore, no person except for the animal control officer shall release or otherwise handle trapped animals. Violation of this ordinance is a misdemeanor punishable by a fine of up to $500.00. (Ord. 752, 2001).
Chapter 6.08 DOGS--LICENSING[2] Sections: 6.08.010 Definitions. 6.08.020 Registration and vaccination required. 6.08.030 Tag and collar. 6.08.040 Number of dogs. 6.08.050 Kennel license. 6.08.060 License agent. 6.08.070 Age requirement. 6.08.080 Penalty. 6.08.010 Definitions. As used in this chapter, unless the context otherwise indicates: A. “At large” means off the premises of the owner, and not under the control of the owner or a member of his immediate family or a person authorized by the owner, either by leash, cord, chain or otherwise. B. “Control” means controlled by leash, at “heel”, beside a competent person, obedient to a competent person’s commands, or within the proper limits of premises controlled by the owner or other persons consenting thereto. C. “Dog” means both male and female. D. “Owner” means any person or persons, firm, association or corporation owning, keeping or harboring a dog. (Ord. 705, 1996: Ord. 276, Sec. 1, 1973). 6.08.020 Registration and Vaccination Required. All dogs kept, harbored or maintained in the City of Shelby shall be vaccinated and registered as provided in this chapter on or before the 31st day of January of each year. Registration tags shall be issued by the city clerk upon proof of current vaccination for rabies prior to the time such registration is applied for and upon payment of a registration fee. Fees for licensing and registration shall be as follows: During January of each and every year, $3.00 for spayed and neutered animals, $5.00 for animals not spayed or neutered. After January of each and every year, $5.00 for spayed and neutered animals, $10.00 for animals not spayed or neutered. The owner shall state at the time of application for registration and upon printed forms provided for such purpose, his name, address and the name, breed, color and sex of each dog owned or kept by him. Prior to registration dog owners shall first display a certificate of vaccination from a registered, licensed and practicing veterinarian, after which the city shall issue the registration tag upon payment of the registration fee set forth in this section. The vaccination fee shall be paid the veterinarian by the dog owner. Vaccination shall be required for all dogs three (3) months old or older. Dogs are not required to be registered prior to reaching the age where they are old enough to be vaccinated for rabies. (Ord. 731, 1998: Ord. 705, 1996; Ord. 691, 1993: Ord. 636, 1987: Ord. 622, 1987: Ord. 543 (part), 1978: Ord. 276, Sec. 2, 1973). 6.08.030 Tag and collar. Upon rabies vaccination and showing proof thereof, and upon payment of the registration fee as provided in this chapter, the city shall issue to the owner a registration certificate and a metallic tag for each dog so registered. The tag shall be replaced each year and shall have stamped thereon the year for which it was issued, a number corresponding with the number of the certificate, and the words Dog Tag and Shelby, Montana. Said tag shall be attached to the collar of the dog and said collar and tag shall be worn by said dog at all times when said dog is not in the residence of the owner. For purposes of this ordinance, residence is defined as the house of its owner, not any out buildings or the real property of the owner upon which said house is situated. (Ord. 705, 1996: Ord. 692, 1993: Ord. 276, Sec. 3, 1973). 6.08.040 Number of dogs. It is unlawful for any person, persons, or family to keep, harbor or maintain in or on the same premises more than two dogs over six months of age, without first obtaining a kennel license as provided in Section 6.08.050. (Ord. 705, 1996). 6.08.050 Kennel license. A. A kennel license will be required by any person, persons, or family who wish to maintain more than two dogs over the age of six months or for the purposes of boarding, training or breeding. 1. Inspection. The intended facilities must be inspected by the animal control officer upon initial application and annual renewal, such inspection to include the physical facilities as well as the effect on the neighborhood. 2. Recommendation. Following the inspection, the animal control officer will recommend to the licensing authority either approval or disapproval of the application. 3. Fee. The shall be no annual kennel fee, but the number of dogs must be specified in the initial application and any application for renewal. 4. Zoning. Kennels may be allowed in all zoned areas inside the Shelby city limits. 5. Consent. Anyone making application for a kennel license must obtain the written consent of at least seventy-five percent of the adjoining neighbors within a 200-foot radius of the property line of the person requesting the license. 6. Renewals. Licenses must be renewed within thirty days of the expiration date or the application will be treated as a new application. In any event, license shall expire on December 31 of each year, no matter when obtained during the year. In the event a kennel license is renewed and there is no increase in the number of dogs stated in the application upon which the renewal is based, then consent is unnecessary for such renewal. In the event there is such an increase in the number of dogs, a new application must be submitted and consent must be obtained for the license to be renewed. 7. Exclusions. No fee may be required of any veterinary hospital, city owned animal shelter or government zoological park. 8. Separate Facilities. Every facility regulated by this section shall be considered a separate enterprise and shall have an individual license. B. License Revocation. All kennel licenses will expire December 31st of each year unless sooner revoked. The animal control officer will investigate all complaints concerning unlicensed or improperly operated kennels, including, but not limited to, any nuisance, any increase in the number of dogs over that stated in the application and/or moving, altering and/or the general dilapidation of the facility and may recommend revocation of the license if it is deemed necessary. The licensee will be given at least five days’ written notice of such recommendation during which time he may appeal the Animal Control Officer’s recommendation. The licensing authority will then take action as required. (Ord. 705, 1996) 6.08.060 License agent. The city council shall appoint the animal control officer as license agent and may appoint additional license agents as they may deem necessary or expedient. (Ord. 705, 1996: Ord. 276, Sec. 4, 1973). 6.08.070 Age requirement. Any person licensing any facility or registering any dog or obtaining a dog tag pursuant to this Chapter must be 18 years of age or older to do so and such person may be denied a license or registration or dog tag based upon failure to produce proof of age. (Ord. 705, 1996) 6.08.080 Penalty. Any person, partnership or corporation found to be in violation of this ordinance shall be subject to misdemeanor provisions and penalties pursuant to 6.20.010 of the Shelby Municipal Code. (Ord. 705, 1996: Ord. 692, 1993: Ord. 276, Sec. 3, 1973). Chapter 6.12 RABIES CONTROL Sections: 6.12.010 Animals exposed to rabies. 6.12.010 Animals exposed to rabies. Every dog or other animal which has been bitten by, or exposed to, any animal suspected to have been infected with rabies shall be forthwith seized and taken up by the animal control officer or any law enforcement officer and securely and separately impounded in the city animal shelter. All such animals shall be quarantined in the pound or at a licensed veterinarian hospital for a period of ten days. It shall be the duty of the animal control officer to notify the public health officer of every such animal impounded. If, after observation under the supervision of the public health officer for such period, any such animal is adjudged free of rabies, the owner may reclaim the animal, upon payment of the regular keeping fees and upon compliance with licensing requirements. In the event that any animal under quarantine is diagnosed as being rabid, it shall be disposed of only under the orders and directions of the public health officer in his absolute discretion. (Ord. 705, 1996: Ord. 636, 1987: Ord. 276, Sec. 10, 1973). Chapter 6.16 NUISANCE AND VICIOUS ANIMALS Sections: 6.16.010 Nuisance animals. 6.16.020 Vicious animals. 6.16.030 Vicious behavior. 6.16.035 Vicious behavior--Defined. 6.16.040 Penalties. 6.16.050 Vicious animal--Defined. 6.16.060 Standards for keeping vicious animals. 6.16.010 Nuisance animals. It is declared a public nuisance for any dog or other animal to destroy property or other pets, to bite or chase after persons not trespassing on the property of, or injuring or attempting to injure the person, family or property of, or the owner, to chase vehicles in public streets or ways, or by prolonged howling, yelping, barking or by any other means, cause annoyance or disturbance to any person. Any such nuisance animal may be taken up and impounded by the animal control officer. It is unlawful for any person to own, harbor, keep or maintain any such nuisance animal and it shall be the duty of the animal control officer and all law enforcement officers to issue tickets and file complaints for all such violations occurring in their presence. Any person aggrieved by a nuisance animal may file a complaint in the city court charging the owner with the violation of this section, where the offense is not committed in the presence of the animal control officer or a law enforcement officer. Upon a third conviction under this section, the nuisance animal shall be seized and taken up by the animal control officer and put to death forthwith. (Ord. 705, 1996: Ord. 276, Sec. 12, 1973). 6.16.020 Vicious animals. Whenever affidavit is made before the city judge that any dog or other animal has bitten a person and that the person bitten was not at the time trespassing upon the property of, or injuring or attempting to injure the person, family or property of the owner, the city judge shall issue an order requiring the animal control officer to immediately seize the animal and impound said animal unless the animal in question has current vaccinations which occurred in excess of thirty (30) days prior to the bite, in which case, there shall be no quarantine ordered. In the event there is no record of a current vaccination occurring in excess of thirty (30) days prior to the bite, the animal in question shall be placed under quarantine by the City of Shelby at the Animal Control Shelter or at a licensed veterinarian hospital for the period and under the same conditions as stated in Chapter 6.12. Any dog or other animal which has bitten persons under the circumstances set forth in this section on three (3) separate occasions shall be put to death by the animal control officer. In the event that the animal in question is a wolf hi-bred or a non-domestic animal then, in that event, the animal shall be seized and impounded and quarantined for the period and under the same conditions as stated in Chapter 6.12 whether or not it has been currently vaccinated in excess of thirty (30) days prior to the bite. The owner of any dog or animal seized under this chapter or Chapter 6.12 shall be afforded notice of said seizure by personal service and by posting notice of said seizure at the house of the owner, if known. Any person may protect his pets, his property, his person or the person of any other human being from the attack of a vicious or dangerous dog or other animal by force, even to the extent of slaying the same if reasonably necessary. (Ord. 705 (part) 1996: Ord. 636 (part) 1987: Ord. 276, Sec. 13, 1973). 6.16.030 Vicious behavior. Any person who keeps, feeds, harbors or allows to stay about the premises occupied or controlled by him within the city any animals exhibiting vicious behavior is guilty of maintaining a public nuisance and is guilty of a misdemeanor. An animal is presumed to have exhibited vicious if it demonstrates or has demonstrated any of the behavior set forth in Section 6.16.035. Such presumption is rebuttable. Upon the third conviction of maintaining a public nuisance with a particular vicious animal, said animal shall immediately be destroyed by the Animal Control Officer. (Ord. 705, 1996: Ord. 640 (part), 1989). 6.16.035 Vicious behavior--Defined. Vicious behavior means any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: A. An attack which requires a defensive action by any person or animal to prevent bodily injury and/or property damage in a place where such person or animal is conducting himself peaceably and lawfully. B. An attack that results in an injury to an animal in a place where such animal is conducting itself peaceably and lawfully. C. Any behavior that constitutes a physical threat or bodily harm to a person or animal in a place where such person or animal is conducting himself peaceably and lawfully. D. Any animal with a known propensity, tendency or disposition to attack unprovoked as evidenced by its habitual or repeated chasing, snapping, or barking at human beings or domestic animals so as to potentially cause injury or to otherwise endanger their safety. E. Lawful present: A person is peaceably and lawfully upon the private property of an owner when in the performance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, express or implied. (Ord. 705, 1996: Ord. 640 (part), 1989). 6.16.040 Penalties. The penalty for violation of this act shall be a misdemeanor punishable by a fine not to exceed $100.00. (Ord. 705, 1996: Ord. 640 (part), 1989) 6.15.050 Vicious animal-Defined. “Vicious Animal” is defined to mean: A. Any animal with one or more convictions under 6.16.010; or B. Any animal with one or more convictions under 6.16.030. (Ord. 705, 1996: Ord. 653, 1990: Ord. 641, Sec. 1, 1989) 6.16.060 Standards for keeping “vicious animals”. Any person as owner, keeper or harborer of a vicious animal as hereinabove defined, within the municipal limits of the City of Shelby, shall be subject to the following standards: A. Leash and muzzle. No person shall permit a vicious animal to go outside its kennel or pen unless such vicious animal is securely leashed with a leash no longer than four (4) feet in length. No person shall permit a vicious animal to be kept on a chain, rope or other type of leash outside its kennel or pen unless a person is in physical control of the leash, and is of the age of 16 years or older. Such vicious animal may not be leashed to inanimate objects such as trees, posts, buildings, etc. In addition, all vicious animals on a leash outside the animal’s kennel must be muzzled by a muzzling device sufficient to prevent such vicious animal from biting persons or other animals. B. Confinement. All vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled as above provided. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine vicious animals must be locked with a combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house vicious animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. C. Confinement indoors. No vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the vicious animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the vicious animal from exiting the structure. D. Signs. All owners, keepers or harborers of vicious animals within the city shall within ten (10) days of the effective date of this ordinance display in a prominent place on their premises a sign easily readable by the public using the words “Danger, Vicious Animal”. In addition, a similar sign is required to be posted on the kennel or pen of such animal. E. Insurance. All owners, keepers or harborers of vicious animals must within ten (10) days of the effective date of this ordinance provide proof to the Shelby City Clerk of public liability insurance in a single incident amount of $250,000.00 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy will be made unless ten (10) days written notice is first given to the Shelby City Clerk. F. Identification photographs. All owners, keepers or harborers of vicious animals must within ten (10) days of the effective date of this ordinance provide to the city clerk two color photographs of the animal clearly showing the color and approximate size of the animal. G. Reporting requirements. All owners, keepers or harborers of vicious animals must within ten (10) days of the incident, report the following information in writing to the Shelby City Clerk as required hereinafter: 1. The removal from the city or death of the vicious animal; 2. The new address of the vicious animal owner should the owner move within the corporate city limits. H. Irrebuttable presumptions. There shall be an irrebuttable presumption that any vicious animal, as hereinabove defined, within the municipal limits of the City of Shelby is in fact an animal subject to the requirements of this section. I. Failure to comply. It shall be unlawful for the owner, keeper or harborer of a vicious animal within the municipal limits of the City of Shelby to fail to comply with the requirements and conditions set forth in this ordinance. Any vicious animal found to be subject of a violation of this ordinance shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the revocation of the license of such animal resulting in the immediate removal of the animal from the city. J. Violations and penalties. Any person violating or permitting the violation of any provision of this ordinance or permitting the violation of any provision of this ordinance shall upon conviction in city court be fined a sum not less than $200.00 and not more than $500.00. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail for a period not to exceed thirty (30) days. In addition, the court shall order the vicious animal removed from the city. Should the defendant refuse to remove the vicious animal form the city, the city court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this ordinance continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this ordinance shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this ordinance. K. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions of this ordinance. (Ord. 705, 1996: Ord. 641, Sec. 2, 1989) Chapter 6.20 PENALTIES AND FEES[3] Sections: 6.20.010 Penalties designated. 6.20.020 Impound fees. 6.20.010 Penalties Designated. Any owner found violating any provision of Title 6, except Section 6.04.030, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for such offense. The penalty for violation of 6.04.030 shall be as follows: a minimum fine of ten dollars ($10), with the penalty for each subsequent offense occurring within twelve months from the most recent prior offense being at the minimum a fine double that of the most recent prior offense, with a maximum fine of five hundred dollars ($500). The provisions of this section apply except as otherwise provided in the other provisions of Title 6. (Ord. 746, 2000; Ord 705, 1996; Ord. 636, 1987; Ord. 543(part), 1978; Ord. 276, Sec. 11, 1973)
6.20.020 Impound fees. Any dog or other animal impounded or quarantined pursuant to this title, and not destroyed, may be redeemed by the owner thereof paying all necessary fees, fines and costs set forth in this title and in addition paying a fee to the City of Shelby in the amount of $8.00 per 24 hour period, or any portion thereof, said dog or other animal is impounded or quarantined. In the event the impounded or quarantined animal is with a licensed veterinarian, then the fee charged by such licensed veterinarian shall be payable prior to the animal being released to its owner. (Ord. 705, 1996). Chapter 6.24 CRUELTY TO ANIMALS Sections: 6.24.010 Offense designated. 6.24.010 Offense designated. A. A person commits the offense of cruelty to animals if, without justification, he knowingly or negligently subjects an animal to mistreatment or neglect by: 1. Overworking, beating, tormenting, injuring or killing any animal; carrying any animal in a cruel manner; or 2. Failing to provide an animal in his custody with proper food, drink or shelter; or 3. Abandoning any helpless animal or abandoning any animal on any highway, railroad, public thoroughfare or in any other place within the city where it may suffer injury, hunger or exposure or become a public charge. (Ord. 705, 1996: Ord. 392, Sec 1, 1974). B. If an animal is being mistreated or neglected, as hereinabove provided, and if the owner of said mistreated or neglected animal is know, then the animal control officer shall be required to issue a complaint and summons for violation of this section. (Ord. 705 1996: Ord. 636 (part), 1987). READ AND PROVISIONALLY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA ON THE FIRST READING ON THE 3RD DAY OF DECMEBER, 2007.
_________________________________ Larry J. Bonderud, Mayor ATTEST: _______________________________ Tammy Pederson, Deputy City Clerk FINALLY READ AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHELBY, MONTANA ON THE 7TH DAY OF JANUARY, 2008.
_________________________________ Larry J. Bonderud, Mayor ATTEST:
_______________________________ Teri Ruff, City Finance Officer
Teri Ruff, Finance Officer [1] For statutory provisions authorizing the city to regulate the running at large of animals and impoundment thereof, see MCA 7-23-4101, 7-23-4102. [2] For statutory provisions authorizing the licensing of dogs, see MCA 7-23-4102. [3]For statutory provisions authorizing cities to impose fines not to exceed five hundred dollars, and imprisonment not to exceed 6 months, see MCA 7-5-4207. |
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